PAKISTAN Law and Practice Contributed by: Ali Kabir Shah, Hanya Haroon, Talib Ali Shah and Saif Ahmed, Ali & Associates
3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works Section 10 of the Copyright Ordinance recognises copyright in original literary, dramatic, musical and artistic works, as well as cinematographic works and records. Section 2 further elaborates the scope of these protected categories. Literary works include writings in religion, sciences, humanities, compilations and computer programs, along with works stored or reproduced through digital or mechanical devices. Musical works cover the graphical representation or reproduction of melody and harmony. Dramatic works comprise choreographic works, mime, recitation and theatrical arrangements fixed in a tangible form, excluding cinematographic works. Artistic works include paintings, sculptures, photo - graphs, drawings, maps, architectural works, and works of artistic craftsmanship, without any require - ment of artistic merit. Cinematographic works consist of visual image sequences, with or without sound, cre - ating the impression of motion, while records cover sound-recording media such as tapes and discs, excluding soundtracks associated with films. Under Section 12, industrial designs are expressly excluded from copyright protection in Pakistan. Such designs are governed by the Registered Designs Ordi - nance, 2000, and copyright does not subsist where a design is registered under that law or has been indus -
3.3 Copyright Authorship The Copyright Ordinance defines an “author” under Section 2 (d) according to the nature of the work, including: • the writer of a literary or dramatic work; • the composer of a musical work; • the artist of an artistic work; • the photographer of a photograph; • the owner of a cinematographic work at the time of its completion; and • the owner of the original plate in the case of a record. The Ordinance sets out rules on first ownership of copyright. Where a literary, dramatic or artistic work is created in the course of employment for publica - tion in a newspaper or similar periodical, the employer is the first owner only for publication-related rights, while all other rights remain with the author. In cas - es of works made for valuable consideration at the instance of another person (such as photographs, portraits, engravings or cinematographic works), the commissioning party is the first owner, unless agreed otherwise. For other works created under a contract of service or apprenticeship, the employer is deemed the first owner in the absence of a contrary agreement. The Ordinance also recognises anonymous and pseu - donymous works, with copyright lasting 50 years from publication, or from the author’s death if identity is later disclosed. Joint authorship is recognised as a single work, with the term calculated from the death of the last surviving author. Contractual arrangements between joint authors regarding exploitation remain The Copyright Ordinance grants copyright own - ers statutory protection against infringement. Under Section 60, owners may seek civil remedies includ - ing injunctions, damages and accounts of profits for unauthorised use. Section 60-A further allows courts to issue provisional orders for the recovery and pres - ervation of infringing copies prior to formal proceed - ings. In addition, criminal remedies for infringement are available under Sections 66 to 74 of the Ordinance. governed by contract law. 3.4 Copyright Rights
trially reproduced more than 50 times. 3.2 Essential Elements of Copyright Protection
In order to qualify for copyright protection, work that includes literary, dramatic, musical or artistic work in a cinematographic work or a record must be original and fixed in a tangible medium form of expression.
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